Provides that all persons have the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, and the right to be free from hunger, malnutrition, starvation and the endangerment of life from the scarcity of or lack of access to nourishing food.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A254
SPONSOR: Solages
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 1 of the constitution, in relation to the right to food and
the right to be free from hunger, malnutrition, starvation and the
endangerment of life from the scarcity of or lack of access to food
 
PURPOSE::
To create a constitutional right to food and to be free from hunger in
New York state.
 
SUMMARY::
Section 1. Amends article 1 of the constitution by adding a new section
20.
Section 2. Sets the effective date.
 
JUSTIFICATION::
This constitutional amendment recognizes the accessibility to nourishing
food as a state right, therefore, protecting New Yorkers rights to live
free from food insecurity and malnutrition. According to the NYC Mayor's
Office of Food Policy annual 2022 Food Metrics Annual Report, an esti-
mated 1.2 million (14.6%) New York City residents were food inse-
cure.When we further analyze the scope of this statistic, we find that
hunger and food insecurity are prevalent among children, college
students, the elderly, minority groups, and immigrants.
Individuals who suffer from malnutrition are disproportionately affected
by diet-sensitive chronic diseases such as diabetes and high blood pres-
sure, and according to research, food insecurity is also linked to many
adverse effects to overall health. Some of the primary causes for hunger
and food insecurity include low-wages, unemployment, lack of affordable
housing, high healthcare costs, and a lack of access to the Supplemental
Nutrition Assistance Program (SNAP). No individual deserves to be
deprived of nutrition. By implementing this protection, we strive to
protect the rights of New Yorker's access to food.
 
SOCIAL JUSTICE IMPACT:
Communities of color are disproportionately impacted by food insecurity.
An analysis examining national trends in food insecurity from 2001 to
2016 found that food insecurity rates for both non-Hispanic black and
Hispanic households were at least twice that of non-Hispanic white
households. Moreover, in New York there are stark racial ethnic dispari-
ties, with 29 percent of Latino and 20 percent of Black adults reporting
household food scarcity, compared with 8 percent of Asian-American and 5
percent of white households. By implementing this legislation, we can
ensure that communities of color are able to better access food.
 
LEGISLATIVE HISTORY::
2024: A10474; referred to judiciary.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE::
Resolved (if the concur), That the foregoing amendments be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published 3 months
previous to the time of such election.
 
1https://council.nyc.govidata/emergency-food-in-nyc/ :-:
text=Food%20Insecurity,-Nationally%2C%20 a
ccording%20to&text=According%20to%20the%2ONYC%20Mayor's,
and%20Staten%20Island%20at%2 010.1%25.
 
2https://council.nyc.govidata/emergency-food-
in-nyc/ :-:text=Food%20Insecurity,-Nationally%2C%20
according%20to&text=According%20to%20the%2ONYC%20Mayor's,
and%20Staten%20Island%20at%2 010.1%25.
 
3https://www.feedingamerica.org/hunger-
in-america/impact-of-hunger :-:text=Hunger%20and%20heal
th%20are%20deeply,adverse%20effects%20to%20overall%20health.
 
4 http://www.nationalhomeless.org/factsheets/hunger.html
 
5 https://www.ncbi.nlm.nih,gov/pmc/articles/PMC5823283/
 
6https://philanthropynewsdigestorginews/new-york-
state-s-food-insecurity-rate-down-but-diSparities-persist
STATE OF NEW YORK
________________________________________________________________________
254
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 1 of the constitution, in relation to
the right to food and the right to be free from hunger, malnutrition,
starvation and the endangerment of life from the scarcity of or lack
of access to food
1 Section 1. Resolved (if the Senate concur), That article 1 of the
2 constitution be amended by adding a new section 20 to read as follows:
3 § 20. All individuals have a natural, inherent and unalienable right
4 to food, including the right to save and exchange seeds and the right to
5 grow, raise, harvest, produce and consume the food of their own choosing
6 for their own nourishment, sustenance, bodily health and well-being, as
7 long as an individual does not commit trespassing, theft, poaching or
8 other abuses of private property rights, public lands or natural
9 resources in the harvesting, production or acquisition of food; further-
10 more, all individuals have a fundamental right to be free from hunger,
11 malnutrition, starvation and the endangerment of life from the scarcity
12 of or lack of access to nourishing food.
13 § 2. Resolved (if the Senate concur), That the foregoing amendments
14 be referred to the first regular legislative session convening after the
15 next succeeding general election of members of the assembly, and, in
16 conformity with section 1 of article 19 of the constitution, be
17 published 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89027-01-5